• Service: Tax, Financial Services
  • Industry: Financial Services, Banking
  • Type: Newsletters
  • Date: 7/17/2013


Sébastien Labbé


Tel. +352 22 51 51 - 5565


Claude Poncelet


Tel. +352 22 51 51 - 5567


Olivier Schneider


Tel. +352 22 51 51 - 5504


Michèle Kimmel


Tel. +352 22 51 51 - 5500

Aberdeen e-alert - Issue 2013-09 

July 2013

New legislation plans in the tax regime for Belgian investment companies


In the context of the budget control for 2013 and for 2014, the federal government in Belgium has reached an agreement about a change in the tax regime for Belgian investment companies. The withholding tax of 25% borne by Belgian investment companies on dividends received will no longer be creditable and repayable (implementation of the judgment of the CJEU in the case Commission v Belgium of 25 October 2012).


Impact on foreign investment companies


As a result, it would seem that foreign investment companies that suffer Belgian withholding taxes will no longer be discriminated from a European law point of view. Indeed, under this new legislation, both resident and non-resident funds would be subject to WHT without possibility to credit the WHT. If this draft bill is adopted, the possibility to reclaim withholding taxes based on the ECJ decision in the Aberdeen case would no longer exist.


The new tax regime for Belgian investment companies is likely to apply as from 2013. However, please note that the mentioned tax measure may still be subject to change.


For more information, please do not hesitate to contact us








The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.



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